Kerala High Court
Amster Overseas Immigration Private ... vs The Director General Of Police on 12 November, 2024
2024:KER:86086
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 14535 OF 2020
PETITIONER:
AMSTER OVERSEAS IMMIGRATION PRIVATE LTD,
KATTAPPANA BRANCH, KATTAPPANA-685508,
REPRESENTED BY ANU MATHEW, MANAGER,
HAVING HEAD OFFICE AT MASTER IMMIGRATION OVERSEAS
PVT.LTD., KODIMATHA P.O., KOTTAYAM, KERALA-686 103
BY ADVS.
SHERRY J. THOMAS
SRI.JOEMON ANTONY
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE,
VAZHUTHACAID, TRIVANDRUM-695 010
2 DISTRICT POLICE CHIEF,
DISTRICT POLICE HEAD QUARTERS,
KEEZHUKUNU, KOTTAYAM,KERALA-686 002
3 CIRCLE INSPECTOR OF POLICE
CHINGAVANAM POLICE STATION, CHINGAVANAM,
KOTTAYAM-686 531
4 JOMOL KURIEN
AGED 24 YEARS
D/O. CHACKO JAMES, VATTATHAKADIYI HOUSE,
KOTTAYAM,PIN-686 531
5 CHINDHU SURESH
AGED 28 YEARS
D/O. K.K.SURESH, CHINDHU NIVAS, KALLELY P.O.,
PATHANAMTHITTA,PIN-689 691
WP(C) NO.14535 of 2020
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BY ADVS.
SRI.N.S.AJAY
SRI.P.L.DEVADAS
SRI.T.S.SANTHOSH (NETTOORAN)
SHRI.VARGHESEKUTTY K.P.
R1 TO R3- SRI.RAJEEV GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.M. MANOJ, J
-----------------------------------
W.P.(C) No.14535 of 2020
----------------------------------------------
Dated this the 12th day of November, 2024
JUDGMENT
The writ petition is preferred by alleging police harassment.
The petitioner is an agency conducting counseling for migrations.
Respondents 4 and 5 are candidates under them for the IELTS and
other courses. On the basis of the complaint preferred by the 4 th
respondent as well as the father of the 5th respondent, a crime was
registered against the petitioner. The petitioner alleges that he
was unnecessarily summoned by the 3rd respondent.
2. Per contra, the learned Government Pleader submitted
that already fifteen complaints have been registered against the
petitioner, but only one FIR is registered on the basis of the
complaint preferred by the father of the 5 th respondent. However,
it is submitted by the counsel for the petitioner that only in trivial
nature of complaint, the petitioner was summoned by the
3rd respondent and was intended to harass the petitioner.
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3. Under such circumstances, there will be a direction to
the 3rd respondent, if any further proceedings for summoning the
petitioner, that shall be in compliance with Section 63 of the Kerala
Police Act, 2011 as well as Section 35(3) of the Bharathiya Nagarik
Suraksha Sanhita (BNSS). However, this order will not stand in the
way of proceedings against the petitioner, if any criminal case is
pending / taken.
Accordingly, the writ petition is closed.
Sd/-
P.M. MANOJ
JUDGE
SSS
WP(C) NO.14535 of 2020
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APPENDIX OF WP(C) 14535/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LETTER DATED
14.12.2016 IN CONNECTION WITH LICENSE
ISSUED BY KOTTAYAM MUNICIPALITY
EXHIBIT P2 THE COMPANY IS REPRESENTED BY ITS GENERAL
MANAGER, THE TRUE COPY OF LETTER DATED
07.01.2020 ISSUED FROM UNION OF INDIA
(MINISTRY OF EXTERNAL AFFAIRS)
EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT WITH 4TH
RESPONDENT DATED 28.08.2018
EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT WITH 5TH
RESPONDENT DATED 31.01.2019
EXHIBIT P5 THE TRUE COPY OF THE PETITION BY 4TH
RESPONDENT DATED 2/7/2020
EXHIBIT P6 THE TRUE COPY OF THE PETITION BY FATHER
OF 5TH RESPONDENT DATED 7/7/2020
EXHIBIT P7 THE TRUE COPY OF THE PETITION DATED
13.7.2020 SUBMITTED TO THE 2ND RESPONDENT
EXHIBIT P7A TRUE COPY OF THE POSTAL RECEIPT
EXHIBIT P8 TRUE COPY OF THE CIRCULAR DATED
18.11.2010 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
18.12.2018 IN WPC NO.33348/2018
RESPONDENT EXHIBITS
EXHIBIT R5 A TRUE PHOTOSTAT COPY OF THE ADVERTISEMENT
EXHIBIT R5 B TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED
FORM PETITIONERS OFFICE
WP(C) NO.14535 of 2020
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EXHIBIT R4 A TRUE PHOTOSTAT COPY OF THE ADVERTISEMENT.
EXHIBIT R4 B RECEIPT ISSUED FROM PETITIONERS OFFICE
